The ReeveLaw Blog

It’s been this way for a long time. A “tough on crime” agenda, backwards bail court procedures and a chronic lack of funding has created inhumane and dangerous conditions in our jails. Now it’s costing the government where it hurts – in its pocketbook (i.e. our taxes). The Ontario government is now liable for a potential class action from inmates and it’s going to be huuuuuge.

They argued that constant lockdowns are cruel and unusual by denying them the ability to access prison programming.

Source: Two Canadian inmates won $85,000 because their prison was on lockdown too often

Mandatory minimum sentences distort the criminal justice process. It transfers power and control from the Judges (who are, after all, the ones who are supposed to impartially judge) to prosecutors (whose role is to prosecute). It allows prosecutors to extort a plea of guilty to a lesser charge from an accused person, under threat of proceeding with a charge that has a high mandatory minimum sentence, as Judges have to sit by, helpless to intervene.

(OTTAWA) May 5, 2016 – Elizabeth May, Leader of the Green Party of Canada (MP, Saanich-Gulf Islands), today introduced a private member’s bill in the

Source: Elizabeth May introduces private member’s bill to abolish mandatory minimums

At least it applies in law if not in public opinion. As you will recall there were some people (we all know who) who declared him guilty upon arrest without knowing any facts.

Actor who plays the character Bubbles on the hit Canadian TV series was arrested April 1 after an incident at a Hollywood hotel involving a woman.

Source: Charge dropped against Trailer Park Boys star Mike Smith | Toronto Star

A Brampton judge has acquitted a driver who failed a roadside breath test after accepting a former government scientist’s evidence that the device is faulty and the process used in Ontario flawed.

An Ontario judge’s findings call into question the integrity of the breath testing for impaired cases in Ontario, a lawyer says.

Source: Rejected breathalyzer test could have ‘great significance’ across Ontario | Toronto Star

Firstly, Anuradha Dugal, director of the surveying organization said “Obviously we’d like the numbers to be a lot higher” which is not unbiased or impartial and secondly “steps that could be taken to alter public attitudes toward sexual assault, including more education for judges and prosecutors and others in the justice system”. Who will teach them what and how will judicial education alter public attitudes? Thirdly, on what evidentiary or factual basis other than emotion or agenda do the respondents come to their conclusion? I prefer the 24% who responded “I don’t know”.

New survey suggests Jian Ghomeshi case hasn’t made people more skeptical of the credibility of women who claim they’ve been assaulted.

Source: Two-thirds of Canadians believe most sex-assault claims are true | Toronto Star

I’ve long warned people about the evidentiary use of social media in criminal trials and to be careful what they post but did you think that the “black box data” of your fitbit could also be used as evidence in court …either for or against you?

Tens of millions of people have bought into the fitness trend, wearing a Fitbit or similar wearable technology device to track their every move. But did you know you aren’t the only one with access to that fitness tracker information? And it could be used against you in a court of law?

Source: Fitness trackers can be used against you in a court of law | Clark Howard

The criminal code is fine. Generally, It presumes release from custody with an escalating plan of restrictions as necessary with detention being the last resort. The problem is “a “risk-averse mentality” has permeated the bail process.” That means that the Crown Attorney and the Justice of the Peace are afraid that someone who they decide to release will commit some terrible crime while on bail they will be held responsible through an inquiry and lose their job. Therefore it’s personally safer to keep people in jail.

“It is a problem across the country.”

Source: Canada’s Bail System Creating A Number Of Problems, Justice Documents

As you’ve probably heard, this Alberta couple have been convicted by a jury of failing to provide the necessities of life to their 19 month old child for failing to get readily available medical assistance for him as he needlessly died of meningitis. As tragic, controversial and difficult the situation is, as a lawyer I would have strongly advised the father David against his responsive posting on Facebook. After the conviction and before sentencing he posted: “Dear Jury, I deeply Love each one of you and appreciate the tremendous sacrifice that you have made over the last 8 weeks. I only wish that you could’ve seen how you were being played by the crowns deception, drama and trickery that not only led to our key witnesses being muzzled, but has also now led to a dangerous precedent being set in Canada. The flood gates have now been opened and if we do not fall in line with parenting as seen fit by the government, we all stand in risk of criminal prosecution. Remember what the crown prosecutors closing remarks were to combat the fact that the ill equipped ambulance resulted in Ezekiel’s brain death. She communicated that this was not about him dying, but rather about whether or not his life was endangered at any point due to our actions. How many parents have lost children for various reasons, all of which could be concluded that the child’s life was endangered and that the parents should have been able to foresee it? How many parents have had close calls to losing a child, wherein it could be concluded that the child’s life was endangered and the parents should have been able to foresee it? Whether medical attention is sought or not and your child lives, it is of no consequence. It is only about whether or not it can be proven that at some point your child’s life was endangered, and if so you may find yourselves in the same boat as us. The flood gates have now been opened and my main concern is no longer for Collet and I, but rather for Canadian’s as a whole. May Heaven help us all!” I don’t hear any acceptance of responsibility or expression of remorse. What do you think should be the primary sentencing principles here?

David and Collet Stephan loved their son Ezekiel all the way to a preventable death, writes Rosie DiManno.

Source: Parents were reckless, even in their love for son: DiManno | Toronto Star

Source: London Lawyer Publicizes “Illegal” Arrest By London Police | (CFPL AM) AM 980

As the Supreme Court repeatedly shows ex-PM Harper had no respect for our constitution this ruling exposes that Harper had no respect for the fundamental principles underlying our democracy such as the rule of law and due process. It will continue to take a long time to dismantle the destructive effects of 10 years of that man’s hubris.

Canadian court watchers have become accustomed to bloodless language from the presiding judge in a criminal trial, but Justice Charles Vaillancourt tossed aside that conventional wisdom in his ruling issued Thursday.

Source: Mike Duffy trial: 6 notable lines from the judge’s ruling – Politics – CBC News